The Veteran's service-connected conditions, including urinary incontinence and lumbar spine disability, resulted in a TDIU effective April 9, 2009. The Board granted an earlier effective date of April 9, 2009 for the award of DEA benefits based on the TDIU. The Veteran's lumbar spine disability was restored to a 40 percent rating from May 28, 2022.
The deciding factor: The evidence showed that the Veteran had unemployability due to service-connected disabilities as of April 9, 2009 and that his combined disability rating met the threshold requirement for TDIU. The reduction in lumbar spine rating was not proper because there was no material improvement under ordinary conditions of life and work.
- Claimed conditions
- Urinary Incontinence with Overactive Bladder, Lumbar Spine Disability, Right Lower Extremity Sciatic Nerve Radiculopathy, Right Lower Extremity Femoral Nerve Radiculopathy, Left Lower Extremity Sciatic Nerve Radiculopathy, Left Lower Extremity Femoral Nerve Radiculopathy, Sixth, Seventh, Eighth, and Ninth Rib Fracture Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 7, 2022
- Citation
- A22024604
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A22024604.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's initial ratings for left lower extremity (LLE) radiculopathy, sciatic nerve and femoral nerve have been granted at a 20 percent level.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Denied
The Veteran's lumbar spine disability is rated at 40 percent, and his left and right foot disabilities are each rated at 10 percent. The appeals for increased ratings have been denied.
- Remanded (sent back)
The Board has decided to remand the claims of increased ratings for Right Shoulder Disability and Lumbar Spine Disability due to a pre-decisional duty to assist error regarding medication effects.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.